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Published byArabella Bailey Modified over 8 years ago
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Why do we need this? The Bill of Rights is created in 1791 by James Madison. It’s creation is to reduce the fear within the states. The States were concerned that the Constitution did not offer enough constitutional protection for their individual liberties.
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Why couldn’t they just add these to the Constitution? Delegates from Congress refused to allow any alterations to the constitution itself. Instead Madison creates the Bill of Rights, 10 amendments to the constitution that will protect individual liberties. Although they look like a list of our Freedoms it’s actually putting a limit on the power of the government.
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Amendment 1 - Religious and Political Freedom Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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Amendment 1 con’t- Religious and Political Freedom This Amendment gives us the Freedom of the following: Freedom of Religion- You can believe in whatever belief or religion you want. Government cannot tell you otherwise Freedom of Speech- You can what you please Freedom of the Press- The Press can not be censored by the Government Freedom of Assemble (Protest)- The government can not restrict peaceful protesting. Freedom to Petition- You can distribute a petition in support of a cause that needs legal action.
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Amendment 2- Right to Bear Arms A well regulated Militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. The government must maintain a well organized militia (National Guard, and Police). They must be supplied with the proper equipment such as guns and bullets.
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Amendment 3- Quartering troops No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. At the time of the Revolutionary War, British Soldiers would forcibly make families host them and use their house as their shelter. Unless there is a need for soldiers to take shelter issued by our government, no one can forcibly take over your home.
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Amendment 4- Search and Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Amendment 4 con’t- Search and Seizure Without a warrant ordered by a court official, under probable cause your home, car, or property cannot be searched and taken away to be reviewed as evidence.
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Amendment 5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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Amendment 5 con’t If you are on trial for a Capital Crime, you can review the Grand Jury and review the Jurors. For Capital crimes there can be 12-23 jurors, for Federal cases 16-23. You may also screen the Jury to make sure there would be no prejudice or bias against you. Exception: Military Trials.
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5 th Amendment Continued Double Jeopardy: You cannot be tired for the same crime twice. If there is an appeal to your innocent ruling, they cannot try you under the same case. This however does not apply to mistrials, if your cases is declared as a mistrial they have to go back and review the case and try it all over again. The Fifth Amendment protects criminal defendants from having to testify if they may incriminate themselves through the testimony.
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5 th – con’t Due Process: This requires the government to respect all rights, guarantees, and protections afforded by the U.S. Constitution and all applicable statutes before the government can deprive a person of life, liberty, or property. Just Compensation: While the federal government has a constitutional right to "take" private property for public use, the Fifth Amendment's Just Compensation Clause requires the government to pay just compensation, interpreted as market value, to the owner of the property.
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Amendment 6 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
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Amendment 6 – con’t You have the right to a fair and speedy trial, in front of a fair jury and you must be aware of your rights at the time of the arrest. This is the Miranda Rights, you have the right to remain silent. If you were not read your rights anything you say can be suppressed meaning it can not be used against you. Under the Miranda Rights you are also allowed the following:, the right to have an attorney present during questioning, and the right to have a government-appointed attorney if you cannot afford one.
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Amendment 7 In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. The right to enter a trial over property worth over $20 in front of a judge and jury.
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Amendment 8 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. If you are put on bail for a large sum, like a million dollars you are not required to pay the whole sum as well as any extra fines. Cruel and Unusual punishment is illegal. (Torture or degrading a prisoner)
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Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. No one can completely take away your Constitutional rights.
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Amendment 10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. There are certain powers that are not given to the Constitution or the Federal government. Under the 10 th Amendment the states are given powers that are not included in the Constitution.
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